Enforcement of award — Filing in district court — Duty of court to enter judgment.
(1) In the event of default in payment of compensation due under an award and on or after the 30th day from the date upon which compensation became due, any party in interest may file in the district court for the county in which the injury or disease occurred if such occurred within the state, otherwise in the district court for the county in which the employer resides, a certified copy of the decision of the commission awarding compensation from which no appeal has been taken within the time allowed therefor, or a certified copy of the memorandum of agreement approved by the commission, and thereupon the court without notice shall render a decree or judgment in accordance therewith and cause the parties to be notified thereof.
(2) In case the employer maintains no place of business in this state, he shall be deemed to have appointed the secretary of state his agent for the purpose of acceptance of notice of entry of such decree or judgment and the secretary of state shall take reasonable steps to give actual notice thereof to the employer.
(3) The fee required to be paid to the clerk of the district court for the filing of the petition or entry of such decree or judgment and for any enforcement procedure thereupon shall be the same as that provided by law for appeals to the district court from inferior tribunals.
Notes of Decisions
Cited in
3
cases, 1982–1987 · leading case:
Sines v. Appel, 644 P.2d 331 (Idaho 1982).
Sines v. Appel, 644 P.2d 331 (Idaho 1982).
· cites it 4× “— If the employer and the afflicted employee reach an agreement in regard to compensation under this law, a memorandum of the agreement shall be filed with the commission, and, if approved by it, thereupon the memorandum shall for all purposes be an award by the commission and…”
Brannon v. Pike, 737 P.2d 459 (Idaho 1987).
· cites it 4× “I.C. § 72-735. Further, I.C. § 72-733 indicates that the district courts have no authority to disturb the decisions of the Industrial Commission and further admonishes the district courts not to "restrain or interfere with.”
Davidson v. H.H. Keim Co., 718 P.2d 1196 (Idaho 1986).
· cites it 2× “— If the employer and the afflicted employee reach an agreement in regard to compensation under this law, a memorandum of the agreement shall be filed with the commission, and, if approved by it, thereupon the memorandum shall for all purposes be an award by the commission and…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.